Marturano v. Eastern Massachusetts Street Railway Co.

On December 15, 1935, at about nine o’clock in the evening an automobile driven by the plaintiff Ryan was in collision on Highland Avenue, Salem, with a street car of the defendant. Ryan was injured, and his companion, Ellen Marturano, was killed. Her administrator sues for death, a count for conscious suffering having been waived. Ryan’s case is for personal injuries. The cases were tried before a jury upon the reports of an auditor and other evidence. At the conclusion of the evidence, the trial judge, subject to the plaintiff’s exception, allowed the defendant’s motion for a directed…